Spain splits housing decree in two: 'Mari' and 'Carmen'

Spain's BOE publishes two housing decrees: Mari extends the eviction ban for vulnerable households until 2030, while Carmen opens the door to indefinite rental contracts.

English · Original discussion in Spanish · Published

Spain's BOE (Official State Gazette) now includes two housing decrees: the Mari decree concentrates the social shield, rental extensions and tax relief; the Carmen decree opens the door to converting traditional rental contracts into indefinite ones and to compensating tenants if the lease is not renewed.

## Two decrees in the BOE: Mari and Carmen

The **BOE** has now published the housing package split into two decrees. The first, the **Mari** decree, brings together the broad fiscal block, with measures agreed with the majority of the investiture partners. The second, the **Carmen** decree, is more specific and controversial: it concentrates demands from the Government's left wing and from social groups.

The Mari decree is the text with the largest volume of measures. It covers rents, evictions, investment funds and taxes. The Carmen decree's fate hinges on parliamentary validation, because its measures have fewer secured supporters in Congress. If it falls, it will not go ahead.

## Rents, evictions and investment funds

The Mari decree extends protection and the suspension of evictions for vulnerable households with no alternative housing until **2030**. It introduces an automatic two-year extension for current rental contracts expiring before **31 December 2028**. It also regulates seasonal and room-by-room contracts to prevent them being used fraudulently to circumvent the law.

It bans the purchase of public or protected housing by investment funds until **2028**. If a property is sold to one of these funds, the tenant's right of first refusal takes priority. Public authorities will have to compensate private owners when an eviction is halted on vulnerability grounds.

## Taxation and the Tu Casa plan

The Mari decree grants income tax relief (IRPF) to tenants earning less than **33,000 euros** a year. In construction, it cuts VAT to 4% for protected and publicly promoted housing, and raises the IBI property tax on empty homes.

It also creates the **Tu Casa** plan, with 0% interest credit lines to finance up to 20% of the price of a first home. These are tax and credit measures included in the Mari block.

## The Carmen decree and the 12 months' compensation

The Carmen decree goes to the heart of the contract. Its flagship measure is the legal framework allowing traditional rentals to become indefinite. It sets strict limits and severe legal grounds for a landlord to terminate or decline to renew. If those conditions are not met, the law forces the landlord to compensate the tenant.

The most disputed point is the notice and the compensation. The landlord must give **6 months'** notice if not renewing. The compensation equals **12 months'** rent at the current rate. It is a high figure, and it explains why this text is the most exposed of the two.

With this design, the Mari decree concentrates the social shield and tax incentives. The Carmen decree attempts to change the nature of residential renting. Validation in Congress will decide whether both go ahead as they stand. None of this replaces the text published in the BOE or individual legal or tax advice.

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Summary of a discussion on Burbuja.info - Foro de economía, actualidad y política., translated from Spanish and reviewed before publication. Read the full discussion (0 replies).

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